PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

ABDUL RAZAQ vs State S — 2022 PCrLJ 953 ISLAMABAD

Case information

Citation
2022 PCrLJ 953 ISLAMABAD
Court
Islamabad High Court
Year
2022
Reporter
PCRLJ
Parties
ABDUL RAZAQ vs State S
Subject matter
Criminal
Provisions referred to
S. 497---P; S. 365-B---C; S. 4---K; S. 365-B; S. 164; Penal Code (XLV of 1860); B---Child Marriage Restraint Act (XIX of 1929); Child Marriage Restraint Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ABDUL RAZAQ VS State S. 497---Penal Code (XLV of 1860), S. 365-B---Child Marriage Restraint Act (XIX of 1929), S. 4---Kidnapping, abducting and inducing woman to compel for marriage---Punishment for male above twenty-one years of age marrying a child---Bail, grant of---Scope---Accused sought bail after arrest in an FIR lodged under S. 365-B, P.P.C.---Alleged victim was 16 years and 05 months at the relevant time, hence the Child Marriage Restraint Act, 1929 was not attracted, however, she did not qualify to enter into contract in accordance with Hanafi School of Thought which was applicable under Art. 227 of the Constitution---Victim was not sui juris at the relevant time, hence the requirement of Wali would be applicable---Presence of Nikahnama and an affidavit sworn by victim in contrast to her statement under S. 164, Cr.P.C., where she had alleged coercion, made the case of accused one of further inquiry---Petition for grant of bail was allowed, in circumstances.

Other judgments reported in 2022 PCRLJ

Back to the case-law library · Search Pakistani case law in Urdu or English